By Susan Buckner, J.D. | Legally reviewed by Susan Buckner, J.D. | Last reviewed June 27, 2024
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Alimony, sometimes called spousal support, is a payment made by a higher-earning spouse to a lower-earning spouse following a divorce or legal separation. In North Carolina, spouses must request alimony. It’s not guaranteed to either party. Courts base alimony awards on the spouses' financial needs and ability to pay.
Under North Carolina law, either spouse can request alimony. Same-sex couples may ask for alimony orders, but domestic partners and those in common-law marriages cannot.
North Carolina is an equitable division state. After courts divide the marital property, a spouse is designated as a supporting spouse or dependent spouse before awarding alimony payments.
Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decisions.
In times past, alimony laws presumed that one spouse was the "breadwinner” and one spouse was the "homemaker" in a marriage. Following a divorce, the homemaker could not provide for their lifestyle without contributions from the breadwinner. Today, in dual-income households, spouses are likely to be at parity following a divorce or separation.
North Carolina's spousal support statutes contain a list of relevant factors judges must consider when making a court order for alimony. If the parties have their own alimony agreement, there’s no need for a finding of dependency.
After the marital property division, the judge must determine if one spouse depends on the other for financial support. The judge must find:
One spouse's income is insufficient to meet their reasonable needs and monthly expenses without a financial contribution from the other spouse.
The other spouse can pay post-separation support while still maintaining their own standard of living.
Neither spouse has engaged in illicit sexual behavior as defined in the statute (§ 50‑16.1A(3)(a).
Neither spouse has engaged in reckless spending, marital waste, or concealment of assets.
Neither spouse has engaged in excessive use of drugs or alcohol.
North Carolina is a fault-based state. A finding of fault will prevent the dependent spouse from receiving an alimony award. However, if committed by the supporting spouse, it may improve or enhance an award of alimony to the dependent spouse.
The judge must consider all relevant factors when awarding alimony. There are no formulas for setting the amount of alimony. Factors include:
Parties' ages and health
Length of the marriage
Relative needs and earning capacities of each spouse
Financial obligations and liabilities of each spouse
Contributions of each spouse to the marriage, including homemaking, childcare, and other intangible contributions
Standard of living during the marriage
Other court orders like child support or child custody
Tax consequences of the award
Marital misconduct, fault, and abuse
Any other factor related to the parties' economic circumstances that the court finds proper
Judges have the discretion to set the duration of alimony payments. In general, alimony payments provide support until the dependent spouse is self-supporting. A typical alimony award is half the duration of the marriage. In some divorce cases, if the dependent spouse is old or has a debilitating illness (such as dementia), judges may award permanent alimony.
The terms of alimony are either lump sum payments or periodic payments. A single lump sum payment can also be a transfer of personal property or title of real property during marital property distribution.
Periodic payments are usually monthly. The parties can make other arrangements if they wish, and the judge will approve them.
Either party may request modification of periodic alimony payments with a showing of "substantial change in circumstances." A substantial change can be a loss of employment on the part of the payor or a gain of employment by the dependent spouse.
Alimony obligations end with the marriage or cohabitation of the dependent spouse.
Alimony and spousal support are complex issues in North Carolina divorce. Before making any decisions, you and your spouse need legal advice from an experienced North Carolina divorce attorney.
Contact a qualified attorney.
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